Daily Archives: March 24, 2023

OH7: Officer seeing sawed-off shotgun in car door justified questions under Quarles

Defendant was stopped and got out of his car, and in the door was a sawed off shotgun. Questions about the gun next to him were legitimate under Quarles. State v. Anderson, 2023-Ohio-945, 2023 Ohio App. LEXIS 922 (7th Dist. … Continue reading

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D.N.M.: Possession of a gun in car in Walmart parking lot wasn’t a crime and search for it under community caretaking function unreasonable

Police were called to a Walmart parking lot in Albuquerque because defendant was “unconscious” in his car in his car, and a gun was visible. The seizure of the gun and the interrogation surrounding it can’t be justified under the … Continue reading

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D.N.M.: Search warrants are directed at places, not persons; offender need not be mentioned

Search warrants are directed at places, not persons. “Because, at the time of the oral affidavit, there was a fair probability the crime of kidnapping occurred and a fair probability evidence of that crime would be found in Defendant’s home … Continue reading

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IL: An investigative alert based on PC justifies a stop and then arrest

An investigative alert based on probable cause justifies a stop and then arrest. People v. Wimberly, 2023 IL App (1st) 220809, 2023 Ill. App. LEXIS 85 (Mar. 23, 2023). The government’s appellate concession the state search warrant was invalid results … Continue reading

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N.D.Ga.: Failure to specify how the R&R was deficient on PC finding was waiver

“The Eleventh Circuit has made clear that a party must ‘pinpoint those portions of the magistrate’s report that the district court must specially consider.’ Schultz, 565 F.3d at 1361. Defendant has not done so here. In sum, Defendant’s one-sentence statement … Continue reading

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Ga.Bar J.: Who Should Guard the Attorney-Client Privilege When Documents are Seized by Law Enforcement

Don Samuels & Scott Grumman, Who Should Guard the Attorney-Client Privilege When Documents are Seized by Law Enforcement, 28 Ga. Bar J. 19 (No. 4 Feb. 2023) (“Some cases may involve seizures of computers and other devices that contain millions … Continue reading

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OR: For particularity in electronic devices, specify what will be found

In Oregon, “For searches of electronic devices, a warrant is specific enough to satisfy the particularity requirement if it ‘describe[s], with as much specificity as reasonably possible under the circumstances, what investigating officers believe will be found’ on the device, … Continue reading

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